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Trump administration asks Supreme Court to reinstate policy that prohibited self-defining as transgender or non-binary on passports

"Private citizens cannot force the government to use inaccurate sex designations on identification documents that fail to reflect the person’s biological sex — especially not on identification documents that are government property and an exercise of the president’s constitutional and statutory power to communicate with foreign governments," the Justice Department held.

United States passport. File image.

United States passport. File image.AFP.

Williams Perdomo
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President Donald Trump's administration asked the Supreme Court to allow it to block the issuance of passports showing Americans' gender identities as transgender and non-binary.

According to the information, the Justice Department filed an emergency request to lift a federal judge's order barring the State Department from enforcing President Trump's policy.

"Private citizens cannot force the government to use inaccurate sex designations on identification documents that fail to reflect the person’s biological sex — especially not on identification documents that are government property and an exercise of the president’s constitutional and statutory power to communicate with foreign governments," Justice Department lawyers wrote in the request obtained by Reuters.

The policy roadblock

The government filed its request after U.S. District Judge Julia Kobick in Boston in April issued a preliminary injunction blocking implementation of the policy for six of the seven transgender and non-binary people who had filed the lawsuit.

The judge later expanded her ruling to bar the policy from applying to all transgender, nonbinary and intersex passport holders.

"Kobick, an appointee of Democratic former President Joe Biden, found that the State Department policy was arbitrary and rooted in an irrational prejudice toward transgender Americans that violated their equal protection rights under the U.S. Constitution's Fifth Amendment," Reuters explained.

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